the like case, offending against the peace of our said lord the king that now is, his crown and dignity, and contrary to the form of the statute in this same case set forth and provided." I have inserted this indictment, that the reader may see not only the manner of proceeding, but also with what black and heinous colours the religious meetings of those called Quakers, were represented. This indictment being read, the prisoners desired that they might be tried by the late act of parliament against conventicles. But it was answered they might try them by what they would that was in force. Then the prisoners. desired that that statute, (viz. the 35th of Elizabeth) might be read. This was done but in part, and it was said to the clerk, It was enough. The prisoners said then, that that act was made in the time of ignorance, when the people were but newly stepped out of popery; and they shewed also how unjustly they were dealt with. Then being required to plead guilty, or not guilty to the indictment, some who were not very forward to answer, were haled out of the court, as taken pro confessis; and so sent back to prison. The rest, being twenty two in number, pleaded not guilty. Then the jurymen were called, and when they had excepted against one, the judge would not allow it, because he did not like the reason they gave, viz. that they saw envy, prejudice, and a vain deportment in him. Another was excepted against, because he was heard to say, that he hoped ere long, that the Quakers should be arraigned at the bar, and be banished to some land, where there were nothing but bears. At this the court burst out into a laughter; yet the exception was admitted, and the man put by. The prisoners not thinking it convenient to make more exceptions, the jury were sworn, then two witnesses were called, who testified at most, that in such a place they took such persons met together, whose names were specified in writing. Then the prisoners bid the jury, take heed how they did sport or dally with holy things, and that those things, which concerned the conscience, were holy things. And as a man was not to sport with the health or illness of his neighbour, so he was not to sport with the liberty or the banishment of his neighbour. And whereas they were accused of being wicked, dangerous, and seditious sectaries, that was not true; for they were not wicked but such as endeavoured to live soberly, righteously, and godly in the world; concerning the truth of which, they appealed to themselves. Neither were they seditious, but peaceable. And whereas they were charged for not coming to hear the common prayer, this was incongruous; for the service book was not quite printed several weeks after the said 29 th of June; so that they could not be charged with neglecting to hear that which was not to be heard read any where. This puzzled the court not a little; and other pinching reasons were also given by the prisoners, some of whom were men of learning; insomuch that the judge was not able to answer the objections, but by shifts and evasions. At length the jury went out to consult, and one of them was heard to say, as they were going up stairs, "Here is a deal to do indeed to condemn a company of innocent men." After some time, the jury coming again, and being asked, whether the prisoners at the bar were guilty, or not guilty, they said, they were guilty in part, and not guilty, in part. But this verdict did not please the judge. The jury then going out again, and prevailing upon one another, quickly returned, and declared the prisoners guilty, according to the form of the indictment. Hereupon the judge Onslow pronounced sentence, viz. That they should return to prison again, and lie there three months without bail; and if they did not make submission according as the law directed, either at, or before the end of the aforesaid three months, that then they should abjure the realm: but in case they refused to make abjuration, or after abjuration made, should forbear to depart the realm within the time limited, or should return again without licence, they should be proceeded against as felons. Just before sentence given, the judge said to one of the prisoners, there was a way to escape the penalty, viz. Submission. And being asked, what that was? the judge answered, "To come to common prayer" and refrain these meetings." The prisoner giving reasons for refusal of both, the judge said, "Then you must abjure the land." "Abjure," returned the prisoner, is "forswear." To which one of the justices said laughingly, "And ye cannot swear at all." just as if it were but jest, thus to treat religious men. But they had signified already to the jury, that they must rather die than do so. How long they were kept prisoners, and how released, I could not learn; but this I know, that many in the like cases have been long kept in jail, till sometimes they were set at liberty by the king's proclamation. In this year it was the share of John Crook (who himself once had been a justice) to be taken out of a meeting at London in John's street, as hath been said already, by one Miller, though not in office. And he with others was brought to his trial in the said city, before the lord mayor of London, the recorder of the same, the chief justice Forster, and other judges and justices, among whom was also Richard Brown. Now since J. Crook published this trial in print, and by that we may judge, as ex ungue leonem, of other trials of the Quakers, I will give it here at large. J. Crook being brought to the sessions house in the Old Bailey with two of his friends, viz. Isaac Gray, doctor of physic, and John Bolton, goldsmith: one of the prisoners was called to the bar, and then asked by the Chief Judge. What meeting was that you were at ? Prisoner. I desire to be heard, where is my accuser? Ch. Judge. Your tongue is not your own, and you must not have liberty to speak what you list. Pris. I speak in the presence and fear of the everlasting God, that my tongue is not my own, for it is the Lord's, and to be disposed of according to his pleasure, and not to speak my own words; and therefore I desire to be heard: I have been so long in prison-then he was interrupted by the judge. Judge. Leave your canting; and commanded him to be taken away, which he was accordingly, by the jailor. This was the substance of what the prisoner aforesaid spoke the first time. C. Judge. Call John Crook to the bar; |